Terms and conditions for Vacation Rental Owners/Managers
advertising on, and prospective customers/renters on 2BookARoom.com
By registering on this Site as a vacation rental owner
or manager, you agree to provide accurate and current information about
yourself as prompted by the registration process and maintain and promptly
update your online profile information to keep it accurate and current.
2BookARoom Privacy Policy governs the use of information acquired from
you through this Site. 2BookARoom assumes no responsibility for the accuracy
of advertisements. Vacation rental owners and managers assert that they
have verified the truthfulness their own advertisement to the best of
their knowledge.
Each advertisement on this Site displays an individual and uniquely identified
property available for short term rent. A listing cannot be an example
of properties available. Only one vacation rental unit can appear on each
advertisement. 2BookARoom reserves the right to amend or remove the advertisement,
when more than one property is described in the advertisement, and may
choose, in its sole discretion to retain any subscription fees associated
with the non-conforming listing as compensation for violating this condition.
Vacation rental owners or managers are responsible for investigating and
adhering to all local regulations including, but not limited to, permits,
licenses, zoning regulations, occupancy taxes, and safety compliance.
Vacation rental owners or managers who upload digital pictures to their
advertisement on 2BookARoom, or supply photographs to be digitized by
2BookARoom, or specify that digital pictures be taken from a web site
other than 2BookARoom represent and warrant that (i) the pictures are
their own property and they have the legal right to publish the pictures
on 2BookARoom.com and (ii) their advertisements and pictures accurately
represent their own property or properties they manage.
Vacation rental owners and managers agree not to place HTML, code or other
markup languages within their listings. HTML, code, or other markup languages
will be removed from listings without notice. Vacation rental owners and
managers agree not to place email addresses within their listings other
than in the designated area to help prevent SPAM and discourage email
harvesting robots from crawling 2BookARooms.com. Email addresses included
outside the designated area will be removed from listings without notice.
2BookARoom is not a property management company. When you advertise your
vacation rental property with 2BookARoom, prospective renters will contact
you directly, after having placed a 20% security deposit, using the email
contact form or the contact information provided with your advertisement.
2BookARoom is not responsible for renters of property. It is the responsibility
of the vacation rental property owner to validate the qualifications of
the potential renters. Specify terms and conditions in a rental contract
signed by you and the renters.
In order to maximize the visitors to your listing, 2BookARoom may advertise
your vacation rental on other websites with links back to your 2BookARoom
property listing. This will not result in additional listing costs to
you.
Notice to Renters using the 2BookARoom.com web site
or services
By utilizing this Site to locate vacation rentals, you
agree to conduct your own investigation regarding each property offered
as a vacation rental; vacation rental owners and managers, not 2BookARoom,
are responsible for the accuracy of the information in their advertisements.
In the case of an untruthful advertisement leading renter to find a replacement,
2BookARoom will investigate circumstances and if found legitimate refund
the booking fee and the 20% down payment.
General Terms of Use
This Web site (this “Site”) is offered by 2BookARoom
to you, the user, conditioned upon your acceptance without modification
of the terms and conditions set forth herein (these “Terms of Use”). Your
use of this Site constitutes your agreement to all of the terms and conditions
set forth herein.
Modification
2BookARoom reserves the right to modify these Terms
of Use at any time without notice. By accessing this Site after any changes
to these Terms of Use have been posted thereon, you will be deemed to
have consented to all such changes.
Use
This Site is provided solely for the use of current and potential 2BookARoom customers to interact with 2BookARoom and may not be used by any other person or entity, or for any other purpose.
No Implied License
This Site and any associated software, files, data,
content, documentation, or any other materials provided by 2BookARoom
(collectively “Associated Materials”) are protected by United States and
international copyright, trademark and other laws. © 2006 2BookARoom.
All rights reserved. 2BookARoom does not convey to anyone, through allowing
access to this Site, any ownership rights in this Site or in the Associated
Materials appearing on or made available through this Site. You may not
copy, modify, translate, transmit, distribute, adapt, reproduce, decompile,
reverse engineer or disassemble any part of this Site or the Associated
Materials
You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain..
Conduct
You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not 2BookARoom, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. 2BookARoom shall have the right, but not the obligation, to monitor or review your conduct on this Site.
Feedback
In the event that you provide 2BookARoom with any feedback or suggestions (“Feedback”) regarding the functionality and/or performance of this Site or the Associated Materials, 2BookARoom shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Links to Third-Party Sites
This Site may contain links to Web sites operated by parties other than 2BookARoom. Such links are provided for your convenience and reference only. The linked sites are not under the control of 2BookARoom, and 2BookARoom is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by 2BookARoom.
Indemnification
You shall indemnify, defend and hold harmless 2BookARoom,
its officers, directors, shareholders, employees, agents and representatives
against all liability, demands, claims, costs, losses, damages, recoveries,
settlements and expenses including without limitation interest, penalties,
attorneys’ fees, accounting fees, and expert witness fees arising out
of or related to (i) your use of this Site or the Associated Materials
and (ii) any breach or non-compliance by you of these Terms of Use. 2BookARoom
shall have the right at its own expense, but not the obligation, to assume
the exclusive defense and control of any matter subject to indemnification
by you, and you shall not in any event settle any matter without the written
consent of 2BookARoom.
Disclaimer of Warranty
THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 2BOOKAROOM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. 2BOOKAROOM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2BOOKAROOM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS.
Limitation of Liability
2BOOKAROOM SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH 2BOOKAROOM OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF 2BOOKAROOM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL 2BOOKAROOM' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Third Party Rights
These Terms of Use are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.
Termination
You agree that 2BookARoom, at its sole discretion, may
terminate your access to this Site and your account, if any, at any time
and without prior notice for any reason. 2BookARoom may also in its sole
discretion and at any time discontinue providing this Site, or any part
thereof, with or without notice. Further, you agree that 2BookARoom shall
not be liable to you or any third-party for any termination of your access
to this Site and/or your account. No Business Relationship Created By Your Use You agree that no joint venture, partnership, employment, or agency relationship exists between you and 2BookARoom as a result of your use of this Site.
No Waiver The failure of 2BookARoom to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
Governing Law
These Terms of Use shall in all respects be governed
by, subject to, enforced and construed in accordance with the laws of
the State of Florida including all matters of construction, validity,
performance and enforcement. The parties agree that the exclusive jurisdiction
and venue of any action between the parties arising out of, or in any
way connected with the provisions of these Terms of Use, the subject matter
hereof, the parties mutual rights and obligations arising heretofore or
hereafter or the performance of any of the terms and conditions hereof
by either of the parties hereto shall be the Superior Court of Florida
as applicable, and each of the parties hereby submits itself to the exclusive
jurisdiction and venue of such courts for purposes of any such action
or proceeding.
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